State v. Hawley

MESCHKE, Justice.

Jacqueline C. Hawley appeals from the denial of her motion to suppress evidence and from her conviction, through her conditional plea of guilty, for actual physical control of a vehicle while under the influence of alcohol. We affirm.

While patrolling about 9:00 p.m. on December 29, 1994, North Dakota Highway Patrol Trooper Lonny Hulm came upon Hawley’s pickup parked, with its engine running and lights off, on the eastbound off-ramp of Exit 134 on Interstate 94. The off-ramp was nearly two car-lengths wide but did not have a shoulder. Although traffic could go around the…